11 How., 265. 14 How., 175. 2 Wall, jr., 360. 3 Sum., 518. Foreign inven tions may be 357, 8, v. 5, pp. 120. 121. 80. 15 How., 112. other due proceedings had, obtain a patent therefor. Brightly 99. 4 McLean, 180, 461. 4 Wash., 52. 1 Blatchf., 248, 463, 494. 1 Wash., 171. 3 Wash., 198. 1 Gall., 439, 479. 2 Gall., 53. 25. No person shall be debarred from repatented. ceiving a patent for his invention or discov4 July, 1836, ch. ery, nor shall any patent be declared invalid 3 Mar., 1839, ch. by reason of its having been first patented or 88, 6, v. 5, p. 354. caused to be patented in a foreign country; 5 McLean, 78, provided the same shall not have been introduced into public use in the United States for more than two years prior to the application, and that the patent shall expire at the same time with the foreign patent, or, if there be more than one, at the same time with the one having the shortest term; but in no case shall it be in force more than seventeen years. 26. Before any inventor or discoverer shall receive a patent for his invention or discovery, he shall make application therefor, in Pet., C. C., 401. Writing, to the Commissioner, and shall file 2 Mass., 118. in the Patent Office a written description Description and specification. 4 July, 1836, ch. 357.6, v. 5, p. 119. 3 Wash., 198. 1 Mass., 187, 476. 4 Wash., 14, 73. 1 Paine, 207, 450. of the same, and of the manner and process 7 Wheat., 434. 441, 444, 447. 2 Blatchf., 9. 1 Story, 285, 292. of making, constructing, compounding, and 3 McLean, 260, using it, in such full, clear, concise, and exact 3 Wood. & Min., terms as to enable any person skilled in the 5 McLean, 55. art or science to which it appertains, or with 15 How.. 119, 267. which it is most nearly connected, to make, 30, 56. 11 How., 606. 5 How., 5. 2 Wall Jr., 363. construct, compound, and use the same; and, 2 Brock., 309. Bald., 314. 24 How., 168. in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery; and said specification and claim shall be signed by the inventor and attested by two witnesses. Drawings. 4 July, 1836, ch. 357,2 6, v. 5, p. 119. 45, 6, v. 5. p. 133. 4 Mass.. 9. 27. When the nature of the case admits of drawings, the applicant shall furnish one copy, signed by the inventor or his attorney Mar., 1837, ch. in fact and attested by two witnesses, which shall be filed in the Patent Office; and a copy 3 Story, 133. of said drawings, to be furnished by the Patent Office, shall be attached to the patent as part of the specification. 3 McLean, 261. 119. gredients. 28. When the invention or discovery is specimen of inof a composition of matter, the applicant, 4 July, 1836, ch. if required by the Commissioner, shall fur- 337, 6, v. 5, p. nish specimens of ingredients and of the composition, sufficient in quantity for the purpose of experiment. 29. In all cases which admit of representation by model, the applicant, if required by 357, the Commissioner, shall furnish one of convenient size to exhibit advantageously the several parts of his invention or discovery. 30. The applicant shall make oath or affirmation that he does verily believe himself Model. 6, v. 5. p. 119. 4 July, 1836, ch. 6 How.. 485 Bald., 314. 20 How, 409. Oath of applicant; taken. before whom 4 July, 1836, eh. 3 Mar., 1837, ch. 29 Aug.. 1842, ch. to be the original and first inventor or dis-357. 6, v. 5. p. 119. coverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know, and does not believe, that the same was ever be 45, 2 13, v. 5, p 191. 1 6 How.. 482. 3 Fish., 536. fore known or used; and shall state of what country he is a citizen. And said oath or affirmation may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, chargé d'affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public of the foreign country in which the applicant may be. Examination of 31. On the filing of any such application, application. and the payment of the duty required by law, 4 July, 1836, ch. 119, 120. 2 Pet., 18. 2 Blatch, 34, i Blatchf. 009. 1 Wall, jr., 319. Time to complete and prosecute 357, 27, v. 5, pp. the Commissioner shall cause an examination to be made of the alleged new invention or discovery; and if on such examination it shall appear that the claimant is justly entitled to a patent under the law, and that the same is sufficiently useful and important, the Commissioner shall issue a patent therefor. 32. All applications for patents shall be applications. completed and prepared for examination 2 Mar., 1861, ch. within two years after the filing of the petition, and in default thereof, or upon failure of the applicant to prosecute the same within two years after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner that such delay was unavoidable. 88, 12, v. 12, pp. 248, 249. Patents may is- 33. Patents may be granted and issued or sue to assignees 45, 26, v. 5, p. 193. 1 Blatehf, 509. Cra., 327. 1 Gall, 430. 3 Fish., 313. reissued to the assignee of the inventor or 3 Mar., 1837, ch. discoverer, the assignment thereof being first entered of record in the Patent Office; but in such case the application for the patent shall be made and the specification sworn to by the inventor or discoverer; and also, if he be living, in case of an application for reissue. sue to legal rep 357,10, v.5, p. 121. 2 Fish., 499: 34. When any person, having made any Patents may is. new invention or discovery for which a patent resentatives. might have been granted, dies before a patent 4 July, 1836, ch. is granted, the right of applying for and obtaining the patent shall devolve on his executor or administrator, in trust for the heirs at law of the deceased, in case he shall have died intestate; or if he shall have left a will, disposing of the same, then in trust for his devisees, in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him in his lifetime; and, when the application shall be made by such legal representatives, the oath or affirmation required to be made shall be so varied in form that it can be made by them. 35. Any person who has an interest in an invention or discovery, whether as inventor, discoverer, or assignee, for which a patent upon was ordered to issue the payment of the final fee, but who has failed to make payment thereof within six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or Renewed applica tion in lapsed, withdrawn, and rejected cases. 25 June,1864.ch. 159, 1, v. 13. p. 191. 3 Mar., 1865, ch. 112, § 1. v. 13, p. 533. 1 Wall., 317. 2 Fish., 1. 3 Fish., 87. 3 Fish., 134 Assigm'ts grants, 4 July, 1836, ch. 121. his agent, shall have a right to make an application for a patent for such invention or discovery the same as in the case of an original application: Provided, That the second application be made within two years after the allowance of the original application. But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent, as aforesaid, was ordered to issue, prior to the issue thereof: And provided further, That when an application for a patent has been rejected or withdrawn, prior to the passage of this act, the applicant shall have six months from the date of such passage to renew his application or to file a new one; and, if he omit to do either, his application shall be held to have been abandoned. Upon the hearing of such renewed applications abandonment shall be considered as a question of fact. 36. Every patent, or any interest therein, and conveyances. shall be assignable in law, by an instrument 357, § 11, v. 5, p. in writing; and the patentee, or his assigns 3 McLean, 423. or legal representatives, may, in like manner, grant and convey an exclusive right under 5 McLean, 132. his patent to the whole or any specified part of the United States; and said assignment, 2 Blatchf., 50, 148. 10 How., 494. 14 How.. 549. 18 How., 294. 4 Mass., 15. 3 Story, 131. 4 How.. 711. 15 Barb., S. C., 315. 2 Story, 542, 615. grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof. 19 How, 221. 17 How, 451. 1 Fish., 327. |